도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant had been punished twice by a fine due to drunk driving, the nature of the instant crime is extremely poor and that the blood alcohol concentration level is high, etc., the Defendant need to be punished strictly.
However, in full view of various circumstances such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, etc., which are the conditions for sentencing on the records, such as the defendant's age, environment, and family relationship, and circumstances before and after the crime of this case, the defendant's punishment of the court below is unreasonable because it is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.